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HomeMy WebLinkAboutG42-74 Ordinance No. G42-74 AN ORDINANCE REGULATING SIDEWALK AND STREET VAULT SPACES WHEREAS, certain vault spaces have been constructed under streets and sidewalks in the City of Elgin; and WHEREAS, said spaces are being used without the permission of the corporate authorities of the City of Elgin; and WHEREAS, many of such vault spaces constitute a hazard to members of the public and expose the City of Elgin to potential liability for personal injuries and property damage; and WHEREAS, some property owners have made substantial improvements for construction of said vault spaces; and WHEREAS, it is the policy of the City of Elgin to prohibit further construction of such vault spaces, discourage continuation of use of exist- ing vault spaces, and regulate further use of such spaces. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Article VI of the Municipal Code of Elgin, as amended, be and is hereby amended to read as follows: eift ARTICLE VI. SIDEWALK SPACE 20.601. CONSTRUCTION PROHIBITED. It shall be unlawful to construct any vault, space, room or structure under any street or sidewalk of the City of Elgin. No such existing space shall be used and maintained except as hereinafter provided. 20.602. PERMIT REQUIRED. Any person desiring to use any vault, space, room or structure under any street or sidewalk of the City of Elgin in existence on September 1, 1974 shall obtain a permit therefore no later than December 1, 1974. Any such space for which a permit is not issued as herein provided by December 1, 1974 shall be filled and closed. 20.603. APPLICATIONS. Any person desiring to use or maintain any vault, space, room or structure under any street or sidewalk of the City of Elgin shall make a written applica- tion to the LICENSE ENFORCEMENT DIRECTOR of the City of Elgin and shall state therein the size of the space intended to be used or maintained and the purpose for which it is to be used. Each application shall contain a statement by the applicant that he has read the provisions of this article and agrees to comply with the provisions of this article. 20.604. INSURANCE. Each applicant for a vault permit shall file with the application a certificate of insurance issued by a liability insurance company authorized to do business in the State of Illinois, naming the City of Elgin as an additional insured and providing liability insurance for personal injury and property damage with limit coverage of not less than $300,000.00 per person and $1,000,000.00 per occurrence for personal injuries and $100,000.00 for property damage. 20.605. TRANSFER OF PERMIT. No transfer of any permit shall be permitted but any person succeeding to the interest in the abutting property of a permitholder shall make applica- tion for a new permit as provided herein. 20.606. OPENINGS. All openings through the sidewalk or street into any vault space shall be covered and guarded. If the opening is a manhole or trap door, an adequate metal cover shall be provided and equipped with a rough slip proof surface. 20.607. FEE. The annual fee to be paid for each permit shall be $25.00. 20.608. RENEWAL. Any person desiring to renew any vault permit shall make application as provided in Section 20.603 hereof. 20.609. CONSTRUCTION. Such vaults, rooms, spaces, or structures shall be firmly constructed so as to support the sidewalk or street over it or them, with the maximum load which the sidewalk or street will carry, with a margin of safety of fifty percent over its maximum load or weights. 20.610. USE. No vault space shall be used for the storage of explosive or flammable liquids hazardous activi- ties or any use otherwise prohibited. However, fuel for heating purposes may be stored in a vault space if the Chief of the Fire Department shall determine that said storage may be made in a safe manner and in accordance with all applicable laws or regulations. 20.611. SIDEWALKS. Any person holding a permit for a vault space shall keep the surface of the sidewalk or street including any cover free of snow, ice, dirt and obstruction and shall keep such surface in good repair. 20.612. REVOCATION AND NON-RENEWAL OF PERMITS. Any permit issued under the provisions of this Article may be revoked for failure to comply with the provisions of the Article and is subject to non-renewal in the event that the corporate authorities shall determine that any vault space is needed for public purposes. Section 2. That all ordinance or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect after passage and publication as provided by law and shall be published in pamphlet form by authority of the City Council. tow s/ W. E. Rauschenberger W. E. Rauschenberger, Mayor Presented: September 11, 1974 Passed: September 11, 1974 Vote: Yeas 6 Nays 0 Recorded: September 11, 1974 Published: September 11, 1974 Attest: s/ Margaret A. Glink Margaret A. Glink, City Clerk eft